Moorosi Tsiane
THE continued unavailability of the High Court’s recording system which has been dysfunctional from June this year when it was allegedly attacked by a virus, has further stalled high-profile criminal cases before the court.
The High Court resumed its normal operations on Tuesday this week when it ended its six- week winter break.
However, this could not happen because of the dysfunctional recording system, much to the dismay on Tuesday of Justice Polo Banyane, who was supposed to continue hearing a case in which controversial soldier, Captain Litekanyo Nyakane, is accused alongside four other army officers, of killing three civilians in Mafeteng in April 2012.
Once again, Justice Banyane had to postpone the case as the recording system was still not working on Tuesday.
The Ministry of Communications reported in June this year the that the government’s main server, to which the court’s IT system is connected, was attached by a virus.
Justice Banyane was initially forced to postpone the matter on 26 June to 1 August to allow the servers to be fixed.
However, when the court was supposed to resume on Tuesday, she told the Crown’s counsel, Mosoeunyane Masiphole, and the defence’s lawyers Napo Mafaesa and Kabelo Letuka, that the recording devices were still not working and therefore, criminal matters could not proceed in the court.
“We still have challenges with our recording devices and criminal cases cannot be heard. Those responsible have promised that the devices will be fixed this month hence I asked that we should look into other dates in September this year to give them enough time to fix the machines.
“I do not have free days but because we are trying to prioritise these criminal matters, I will have to impose it on other dates,” Justice Banyane said.
Meanwhile, Adv Masiphole informed the court that they had agreed on the dates of 8 September 2023 and 13, 16, 19, 20, 23, 27, and 30 October this year for the continuation of the trial.
The defence team concurred with the pronouncement and Judge Banyane ordered that the case be postponed to 8 September and the other dates mentioned by Adv Masiphole.
Captain Nyakane is, in this matter, accused alongside Lance Corporals Khauhelo Makoae and Sebilo Sebilo, as well as Privates Tšepo Tlakeli and Thebe Tšepe.
They face three counts of murdering civilians Thabang Mosole, Monyane Matsie and Pakiso Ntala Letatane at Ha Lepolesa in Mafeteng on 6 April 2012. They were taken into custody in 2017 for this alleged killing.
On 18 May 2023, Capt Nyakane’s four co-accused applied to be released from custody on bail and Judge Banyane is yet to issue her ruling on the matter. Captain Nyakane did not apply for bail because he is in custody over a litany of other murder cases, including treason.
